Buildings As Trademarks? The Owners Say Yes (Maybe)

A continuing thorny issue facing many photographers is whether, and to what extent, images of public buildings may be used in photography without consent of the building owner.

The decision of a United States District Court, which issued an injunction prohibiting one photographer from selling his images of the Rock and Roll Hall of Fame on the grounds that such use constitutes trademark infringement, was reversed on appeal, but still must be decided on the merits.

In another pending case, the New York Stock Exchange has sued a Las Vegas casino for trademark infringement. The casino uses replicas of several of New York's most recognizable buildings, including of course, a facade of the New York Stock Exchange, in its motif. The casino is, as they say, "vigorously" defending its right.

Other owners of well known landmark buildings are joining this trend towards controlling (or at least attempting to control) use of their property, and with it, the licensing fees they expect will become available.

There is significant interest on both sides of the issue and plenty of money behind them. The advertising industry is strongly opposed to any restrictions since they use these publicly available locations in many ads -- including those shot by the photographers they retain. The Courts will be asked to rule on the issues as they are raised. In addition lobbying for legislative clarification cannot be ruled out.